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Patna High CourtCR. MISC./32803/2016bail granted

Anand Pathak v. The State Of Bihar

2016-08-16Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32803 of 2016 Arising Out of PS.Case No. -237 Year- 2014 Thana -BAHADURPUR District- DARBHANGA ====================================================== Anand Pathak, son of Late Hari Shankar Pathak, resident of Village/Mohalla- Baghla, P.S. - Bishanpur, District- Darbhanga. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Nilesh Kumar, Advocate For the Opposite Party: APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 16-08-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 13.01.2016 in connection with Bahadurpur P.S. Case No. 237 of 2014 for the offences alleged under Section 392 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated only on the basis of suspicion and his own confessional statement extracted in connection with some other case. It is further submitted that no recovery has been made from the possession of the petitioner nor he has been identified in test identification parade nor there is any material whatever to connect the petitioner with the alleged occurrence.

4. Having regard to the entirety of the facts and circumstances of the case, let above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Darbhanga in connection with Bahadurpur P.S. Case No. 237 of 2014, with following conditions:

(1) That one of the bailors will be a close relative of the petitioner;

Patna High Court Cr.Misc. No.32803 of 2016 (2) dt.16-08-2016 2/2

(2) That the petitioner shall remain physically present on each and every date during trial and in the event of failure to do so on three consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the Court concerned.

(Vikash Jain, J) B.T/-Ibrar U T